Chinmoy Nandi vs The State Of West Bengal & Ors on 22 June, 2010

Calcutta High Court (Appellete Side)

Chinmoy Nandi vs The State Of West Bengal & Ors on 22 June, 2010
Author: Jayanta Kumar Biswas
1

In the High Court at Calcutta

Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.

W.P. No. 7294 (W) of 2010

Chinmoy Nandi
v.
The State of West Bengal & Ors.

Mr Ambu Bindu Chakraborty and advocates,Ms Mrinmoyee Roy Chowdhury for

the petitioner. Ms Abha Roy, advocate, for the state.Mr Achin Jana and Mr
Anupam Maiti, advocates, for the tenth respondent.

Heard on: June 22, 2010.

Judgment on: June 22, 2010.

The Court: - The petitioner in this art.226 petition dated April 8, 2010 is seeking a mandamus
commanding the police to protect his life.

The petitioner's allegation is that he is apprehending danger to his life because of sour relationship
with his wife. Counsel refers to the letter of the police dated April 20, 2009 (at p.39) informing the
petitioner that his complaint was registered. Counsel submits that after registering the case the
police did not take any step.

It is evident from the case stated in the petition that with a private matrimonial dispute with his wife
the petitioner has approached the high court under art.226 involving the police alleging that police
have not taken steps to protect his life. It is not the case of the petitioner that he applied to the police
for giving him a personal security officer.

I am unable to see how the police can protect the petitioner's life otherwise than by giving him a
personal security officer according to law. The petitioner has not ascertained from the criminal court
concerned the developments in the case that was registered by the police as back as April, 2009 on
the basis of information he supplied to the police.

He is making bald allegation that the police have not taken any steps. In support of the allegation he
has not produced orders made by the magistrate in the case. The magistrate is presumably

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 Chinmoy Nandi vs The State Of West Bengal & Ors on 22 June, 2010

monitoring the investigation, if it is still in progress. On the facts, I am of the view that the petitioner
is not entitled to any relief from the writ court.

For these reasons, the petition is dismissed. No costs. Certified xerox.

(Jayanta Kumar Biswas, J.)

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